Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1887-03-18
wINDHAM COUNTY COURT.

In the case of William johnson as. Arad
Hunt, reported last week the jury render
ed verdict for the plaintiff to recover Slll
damages
Henry W. SimonoS rs. The BrdiHebor0
Gdsiigh Co.-rhis was an action on the
case To recover damages alleged 10 have
been sustained by reason Of leakage of
gas from defendants pipes. The evidence
on the part of the plaintiff tended to show
that in the season of 1881 the defendant
company extended their gas main FROM
Western avenue in the village Of Brattle-
boro northerly through Spruce street, past
PLAINTIFF dwelling house that in the win
ter and spring Of 1882 the defendants gas
main sprung IA leak and the gas percolated
through the light porous soil in the vicinity
of plaintiffs house and from thence into
the cellar, and that he suffered considerable
Inconvenience therefrom before defendant
repaired the same that during the season
Of 1885 defendants pipe again began leak
ing gas, which, rs ON the previous occasion
contaminated the soil about plaintiffs house
with noxious gases, and his cellar and house
became unfit and unhealthy as place Of
habitation that the weather was cold and
defendant was derelict about repairing the
leak; that the poisonous gases, which con
tinued to escape from defendants pipes dur
ing period Of several weeks, killed beau
tiful and valuable shade-tree standing near
plaintiffs house and n large number of
house plants and rendered unfit for use the
fruit and vegetables stored in his cellar
that it also affected the plaintiffs health tn
some extent, though not seriously.
Defendants evidence mainly tended tn
show that the company had been guilty of
] ~ "a "a ttt
laid through Spruce street We're Of the most
improved pattern then in use, were well
laid aud the joints fully secured against leak
ages and that they had always exercised
| the greatest care 90 keep their pipes in re
pair and in the management Of their husi
ness that plaintiff, while he may have for
! "a short time suffered some little iuconven-
| fence on account Of the leakage Of gas, yet
/ he sustained no injury to his health, the
damage tn his plants, fruit and vegetables
/ was tlilling and that such damage defend
ant ought not to he made chnrgeable with
| having exercised all the care possible against
| iuilictiug such injuries.
Plaintiffs evidence in rrhuttal tended T.,
show that the gas muins laid through Spruc,
street were not Of the most improved pat
! tern of pipe then known or in use TINT Il
! was laid 10y Inexperienced vorkmcn, an,
! the joint, were not well secured that de
PENDANT suffered long time to clapsc aftc.
notification Of the leakage, and before ell
tprug upon the necessary repairs in con
tending with the Mechanics gaslight com
pany as to which compnny's pipes were de
fective
The case was stubbornv fought and occu
pied five days of the term Verdict for til,
plaintiff to recover So damages llnskin
Il Stoddard and Tyler for plaintiff Water
man x Martin and Eddy for defendant
state RS. idrirr h. HHrg ant AihrH rri
rcr.--lnfurmation filed by the states attor
ney for an assault aud battery.
The evidence ON the part Of the stat,
tended to show that ON Feb Goth, 1851. TN
defendants who lived in Nottingham, wen
into the woods To cut iireWuol for defend
ant Wiley that they were accompanies
hy young man named Pike, who was &
assist them that SOON after they got t.
work the said Wiley and Pike had word
alteration which led 10 blows. and Willie
knocked Pike down with his list that u,
PENDANT Culver then took hold Of Pike am
held HIN down while Wiley kicked hin
with his heavy boot three Tunes about th
head aud face, iniuring him quite severely
Defendants evidence tended 10 show tina
on the day set forth, while ON their way Z
! the woods, llke invited them INTO ms nous
and treated them 10 cider until all tire
were somewhat intoxicated, in which con
dition they went into the woods that har
words passed between Wiley and Pike, AN
Pike struck two blows with his axe ut Wi
ley that Wiley lodged the blows, and, a
Pike struck the last time, knocked him dow
with his fist that Pike tried to get up, d
the same time threatening to renew tn
combat that at this point defendant Culvt
stepped in rs a pcaccmakcr and held Pix
down to prevent him from renewing the a
tack that Wiley told him to get away an
let Pike alone and, on his refusing to d
so, kicked at Culver and hit Pike in til
head that Wiley only kicked once, an
! that all he did in the way of striking Pix
was purely in self-defence, and no MOI
force was used than he believed to he nee
essary.
Verdict, mot guilty as to both defen'
ants States Attorney Mann for the pro
ecution Alhce for defendants.
This closed the jury cases for the tern
and the court then entered upon the hea
) ing OF such cases as had been set for tri
by the court.